SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(SC) 527

SANJAY KUMAR, K. VINOD CHANDRAN
Angelwoods Apartment Allottees Association – Appellant
Versus
M. Lalitha – Respondent


Advocates Appeared:
For the Appellant : Mr. Liju V Stephen, Adv. Mr. Manu Krishnan G, AOR Mr. Stephen V Thomas, Adv. Ms. Indu Susan Jacob, Adv. Mr. Sanjay Johnson Mathew, Adv. Mr. Jiji Joy, Adv. Mr. Stephy Elizabeth Jacob, Adv.
For the Respondents: Mr. Mukund P. Unny, AOR Mr. Vinay Mathew Joseph, Adv. Mr. Sanjay Nair S. Adv.

JUDGMENT :

SANJAY KUMAR, J.

1. The very institution of an appeal under Section 61 of the Insolvency and Bankruptcy Code, 20161[For brevity, ‘the Code’], is in issue.

2. Company Appeal (AT)(CH)(Ins) No. 252 of 2025 was e-filed on 28.09.2024 by M Lalitha, respondent No. 1 herein, before the National Company Law Appellate Tribunal, Chennai (NCLAT). Therein, she challenged the order dated 14.08.2024 passed by the National Company Law Tribunal, Kochi Bench (NCLT), in IA (IBC)/216/KOB/2023 in CP(IB)/05/KOB/2021. By the said order, the NCLT had approved the resolution plan submitted by Angelwoods Apartment Allottees Association, the appellant. Respondent No.1, the mother of a suspended director of the corporate debtor, viz., Samson and Sons Builders and Developers Pvt. Ltd., also claimed to be its financial creditor and sought to challenge the approval of the appellant’s resolution plan.

3. Respondent No.1’s appeal, e-filed on 28.09.2024, was with delay and IA No. 1164 of 2025 was filed by her seeking condonation of the delay of 15 days in its presentation. While so, on 04.10.2024, the Registry of the NCLAT communicated the defects in the said appeal. The defects were supposedly rectified wit

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top